BERT HOWE
  • Nationwide: (800) 482-1822    
    office building expert witness Anaheim California housing expert witness Anaheim California Subterranean parking expert witness Anaheim California custom home expert witness Anaheim California parking structure expert witness Anaheim California condominiums expert witness Anaheim California Medical building expert witness Anaheim California multi family housing expert witness Anaheim California custom homes expert witness Anaheim California low-income housing expert witness Anaheim California condominium expert witness Anaheim California retail construction expert witness Anaheim California production housing expert witness Anaheim California hospital construction expert witness Anaheim California high-rise construction expert witness Anaheim California concrete tilt-up expert witness Anaheim California townhome construction expert witness Anaheim California tract home expert witness Anaheim California mid-rise construction expert witness Anaheim California industrial building expert witness Anaheim California landscaping construction expert witness Anaheim California structural steel construction expert witness Anaheim California
    Arrange No Cost Consultation
    Construction Expert Witness Builders Information
    Anaheim, California

    California Builders Right To Repair Current Law Summary:

    Current Law Summary: SB800 (codified as Civil Code §§895, et seq) is the most far-reaching, complex law regulating construction defect litigation, right to repair, warranty obligations and maintenance requirements transference in the country. In essence, to afford protection against frivolous lawsuits, builders shall do all the following:A homeowner is obligated to follow all reasonable maintenance obligations and schedules communicated in writing to the homeowner by the builder and product manufacturers, as well as commonly accepted maintenance practices. A failure by a homeowner to follow these obligations, schedules, and practices may subject the homeowner to the affirmative defenses.A builder, under the principles of comparative fault pertaining to affirmative defenses, may be excused, in whole or in part, from any obligation, damage, loss, or liability if the builder can demonstrate any of the following affirmative defenses in response to a claimed violation:


    Construction Expert Witness Contractors Licensing
    Guidelines Anaheim California

    Commercial and Residential Contractors License Required.


    Construction Expert Witness Contractors Building Industry
    Association Directory
    Building Industry Association Southern California - Desert Chapter
    Local # 0532
    77570 Springfield Ln Ste E
    Palm Desert, CA 92211
    http://www.desertchapter.com

    Building Industry Association Southern California - Riverside County Chapter
    Local # 0532
    3891 11th St Ste 312
    Riverside, CA 92501


    Building Industry Association Southern California
    Local # 0532
    17744 Sky Park Circle Suite 170
    Irvine, CA 92614
    http://www.biasc.org

    Building Industry Association Southern California - Orange County Chapter
    Local # 0532
    17744 Skypark Cir Ste 170
    Irvine, CA 92614
    http://www.biaoc.com

    Building Industry Association Southern California - Baldy View Chapter
    Local # 0532
    8711 Monroe Ct Ste B
    Rancho Cucamonga, CA 91730
    http://www.biabuild.com

    Building Industry Association Southern California - LA/Ventura Chapter
    Local # 0532
    28460 Ave Stanford Ste 240
    Santa Clarita, CA 91355


    Building Industry Association Southern California - Building Industry Association of S Ca Antelope Valley
    Local # 0532
    44404 16th St W Suite 107
    Lancaster, CA 93535



    Construction Expert Witness News and Information
    For Anaheim California

    Contractors: Consult Your Insurance Broker Regarding Your CGL Policy

    Not in My Kitchen – California Supreme Court Decertifies Golden State Boring Case

    Seven Former North San Diego County Landfills are Leaking Contaminants

    Decline in Home Construction Brings Down Homebuilder Stocks

    New Jersey Judge Declared Arbitrator had no Duty to Disclose Past Contact with Lawyer

    The Hidden Price of Outdated Damage Prevention Laws: Part I

    Panama Weighs Another Canal Expansion at Centennial Mark

    Chinese Billionaire Developer Convicted in UN Bribery Case

    NY Is Set To Sue US EPA Over ‘Completion’ of PCB Removal

    AB 3018: Amendments to the Skilled and Trained Workforce Requirements on California Public Projects

    Issue and Claim Preclusion When Forced to Litigate Similar Issues in Different Forums: White River Village, LLP v. Fidelity and Deposit Company of Maryland

    New Case Alert: California Federal Court Allows Policy Stacking to Cover Continuous Injury

    Construction Defect Leads to Death of Worker

    Saudi Arabia Awards Contracts for Megacity Neom’s Worker Housing

    The U.S. Tenth Circuit Court of Appeals Rules on Greystone

    Duty To Defend Construction Defect Case Affirmed, Duty to Indemnify Reversed In Part

    Fire Damages Unfinished Hospital Tower at NYU Langone Medical Center

    The Flood Insurance Reform Act May be Extended to 2016

    No Coverage for Negligent Misrepresentation without Allegations of “Bodily Injury” or “Property Damage”

    Google’s Floating Mystery Boxes Solved?

    School District Settles Over Defective Athletic Field

    WSDOT Seeks Retraction of Waiver Excluding Non-Minority Woman-Owned Businesses from Participation Goals

    Don MacGregor of Bert L. Howe & Associates Awarded Silver Star Award at WCC Construction Defect Seminar

    Privity Problems Continue for Additional Insureds in the Second Circuit

    Perovskite: The Super Solar Cells

    Fraud, the VCPA and Construction Contracts

    Reminder: In Court (as in life) the Worst Thing You Can Do Is Not Show Up

    Helsinki Stream City: A Re-imagining Outside the System

    Under the Hood of U.S. Construction Spending Is Revised Data

    Study May Come Too Late for Construction Defect Bill

    Reinventing the Building Envelope – Interview with Gordon A Geddes

    Liability policy covers negligent construction: GA high court

    Reroof Blamed for $10 Million in Damage

    Court Extends Insurer Rights to Equitable Contribution

    DoD Will Require New Cybersecurity Standards in 2020: Could Other Agencies Be Next?

    Coverage Denied for Insured's Defective Product

    New World Cup Stadiums Failed at their First Trial

    New Jersey Appellate Court Reinstates Asbestos Action

    State Farm to Build Multi-Use Complex in Dallas Area

    Remediation Work Caused by Installation of Defective Tiles Not Covered

    California Supreme Court Clarifies Deadline to File Anti-SLAPP Motions in Light of Amended Pleadings

    Construction Law Alert: Unlicensed Contractors On Federal Projects Entitled To Payment Under The Miller Act

    Claim for Consequential Damages Survives Motion to Dismiss

    Flood Sublimits Do Not Apply to Loss Caused by Named Windstorm

    Court Slams the Privette Door on Independent Contractor’s Bodily Injury Claim

    Improvements to Confederate Monuments Lead to Lawsuits

    Construction Companies Can Be Liable for “Secondary Exposure” of Asbestos to Household Members

    California Construction Bill Dies in Committee

    California to Build ‘Total Disaster City’ for Training

    Toll Brothers Snags Home Builder of the Year Honors at HLS
    Corporate Profile

    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Through over four thousand general contracting and design related expert designations, the Anaheim, California Construction Expert Directory provides a streamlined multi-disciplinary expert retention and support solution to legal professionals and construction practice groups seeking effective resolution of construction defect and claims litigation. BHA provides construction claims investigation and expert services to the building industry's most recognized companies, Fortune 500 builders, CGL carriers, risk managers, and a variety of municipalities. Employing in house assets which include licensed general and specialty contractors, consulting civil engineers, NCARB certified architects, roofing, and building envelope experts, the firm brings a wealth of experience and local capabilities to Anaheim and the surrounding areas.

    Anaheim California expert witness roofingAnaheim California ada design expert witnessAnaheim California window expert witnessAnaheim California testifying construction expert witnessAnaheim California forensic architectAnaheim California architecture expert witnessAnaheim California architect expert witness
    Construction Expert Witness News & Info
    Anaheim, California

    Survey Finds Tough Labor Market Top-of-mind for Busy Georgia Contractors

    July 30, 2019 —
    In February 2019, the results of the third Annual Georgia Construction Outlook Survey were released. The survey respondents includes general contractors (44%), specialty contractors (53%) and heavy contractors (3%) with gross revenue size that ranged from in excess of $1 billion to less than $5 million. Three-quarters of respondents reported revenues of less than $25 million. Here’s what they had to say about the state of construction in Georgia. Financial Performance and 2019 Outlook It was no surprise to see the majority of respondents reporting increased revenues and margins in 2018. Average gross margins from all respondents increased to 11.3%, up from 9.33% in the prior year. Overall, 72% of respondents saw their gross margins increase and/or remain the same. The largest decrease in margins was seen in the heavy contractor sector, with 33% of respondents reporting a decrease in margins. When it comes to backlog, Georgia is seeing a record number of months in the pipeline and 57% of respondents reported higher backlogs than in the previous year. The increase in backlog helps explain why 84% of respondents are expecting increase in revenues in 2019 over 2018. Interestingly, of those expecting increase in revenue, 40% are anticipating an increase of more than 10% from the prior year. So, the overall financial health of Georgia contractors looks to remain strong at least through 2019. Reprinted courtesy of Scott Hazy, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
    Read the full story...
    Reprinted courtesy of
    Mr. Hazy may be contacted at scott.hazy@btcpa.net

    Colombia's $15 Billion Road Plan Bounces Back From Bribe Scandal

    June 03, 2019 —
    Colombia’s $15 billion highway program has come roaring back to life as laws to protect investors help confidence recover from a massive kickback scandal that had paralyzed the sector. Public works expanded 8.5% in the first quarter from a year earlier, a rare bright spot in an economy that has struggled to grow since oil prices crashed nearly five years ago. Colombia ranks 102 out of 140 nations in road infrastructure quality, behind Bolivia and Sierra Leone, according to World Economic Forum’s Global Competitiveness report. Fixing that problem, which has bedeviled Colombian industry and agriculture for centuries, can boost growth for a generation, the government believes. Read the court decision
    Read the full story...
    Reprinted courtesy of Oscar Medina, Bloomberg

    Techniques for Resolving Construction Disputes

    September 16, 2019 —
    With most construction projects involving dozens, if not hundreds, of companies and individuals, it is no surprise that conflicts arise that are not always able to be resolved on the jobsite. But these conflicts need not always reach the court room or cost thousands (or much more) to resolve. With some planning, contractors can build faster and less expensive dispute resolution options into their project so they can spend more time keeping the project moving and less time arguing over who is right. Even for modest-sized projects, a multi-tiered approached to dispute resolution can be helpful. As a first level of dispute resolution, consider requiring the relevant parties to attend informal or formal mediation. The benefits of even an informal mediation is that it can get stalemated parties to the table to talk again. Formal mediation adds the benefit of a neutral third-party who can help get talks moving or help antagonistic parties communicate. Further, mediation allows each side an opportunity to hear what the other side is looking for to resolve the dispute. Not only is this valuable in reaching a compromise, but it also gives each side an idea of what the other will bring to the table in any subsequent litigation. Finally, there are many ways to implement these procedures. General contractors can require pre-suit mediation with their subcontractors to resolve one-on-one disputes but should also consider requiring subcontractors to use pre-suit mediation to resolve disputes between subcontractors or between subcontractors and sub-subcontractors or material suppliers if the dispute threatens the progress at the project. Reprinted courtesy of Jason Lambert, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
    Read the full story...
    Reprinted courtesy of

    Texas Supreme Court Holds that Invoking Appraisal Provision and Paying Appraisal Amount Does Not Insulate an Insurer from Damages Under the Texas Prompt Payment of Claims Act

    September 16, 2019 —
    In two cases decided June 28, 2019, the Texas Supreme Court held that an insurer’s invocation of a contractual appraisal provision after denying a claim does not as a matter of law insulate it from liability under the Texas Prompt Payment of Claims Act (“TPPCA”). But, on the other hand, the court also held that the insurer’s payment of the appraisal award does not as a matter of law establish its liability under the policy for purposes of TPPCA damages. In Barbara Techs. Corp. v. State Farm Lloyds, No. 17-0640, 2019 WL 2666484, at *1 (Tex. June 28, 2019), State Farm Lloyds issued property insurance to Barbara Technologies Corporation for a commercial property. A wind and hail storm damaged the property, and Barbara Tech filed a claim under the policy. State Farm denied the claim, asserting that damages were less than the $5,000 deductible. Barbara Tech filed suit against State Farm, including for violation of the TPPCA. Six months later, State Farm invoked the appraisal provision of the policy. More than a year after the suit was filed, appraisers agreed to a value of $195,345.63. State Farm then paid that amount, minus depreciation and the deductible. Barbara Tech amended its petition to include only TPPCA claims. Reprinted courtesy of John C. Eichman, Hunton Andrews Kurth and Grayson L. Linyard, Hunton Andrews Kurth Mr. Eichman may be contacted at jeichman@HuntonAK.com Mr. Linyard may be contacted at glinyard@HuntonAK.com Read the court decision
    Read the full story...
    Reprinted courtesy of

    No Rest for the Weary: Project Completion Is the Beginning of Litigation

    June 18, 2019 —
    In today’s environment, most construction projects end up in some form of litigation. Construction is full-time employment for lawyers – from contract negotiation to project management, lien and payment issues. Years after project completion, a company still can face construction defect litigation and be served with a Notice of Opportunity to Repair, which in most states is now codified into statute. This is the beginning of what most likely will become a lawsuit, involving many of the subcontractors. Watch Out for the Construction Contract Blame Game The first phase of post construction litigation involves the review of contract and insurance policy language in an attempt to transfer responsibility in the litigation to other parties. Before construction began, contract negotiation focused on budget and timeline. In the post-construction phase, two less noticed provisions of the contract are critical – indemnity and insurance. Reprinted courtesy of Albert Li & Bob Fitzsimmons, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Mr. Fitzsimmons may be contacted at rfitzsimmons@rumberger.com Mr. Li may be contacted at ali@rumberger.com Read the court decision
    Read the full story...
    Reprinted courtesy of

    Limiting Liability: Three Clauses to Consider in your Next Construction Contract

    June 25, 2019 —
    In your next contract, consider including some (or all!) of the following clauses to limit your liability and maximize your profits. Waiver of Consequential Damages While a proven breach of contract will leave a design professional or contractor exposed to direct or compensatory damages, a waiver of consequential damages will help “stop the bleeding” and protect the design professional or contractor from paying every damage that might flow from the breach. Consequential damages include those damages which indirectly flow from the breach of contract, for example, lost rents, lost profits, lost use, lost opportunity, loss of employee productivity, and damages to reputation. The American Institute of Architects (AIA) has included a mutual waiver of consequential damages in its sample A201 for over 20 years. The AIA provision includes a definition of consequential damages which are waived, including many of the examples cited above. However, the AIA waiver of consequential damages clause carves out an exception for liquidated damages to the owner. Prudent design professionals and contractors will strike this exception so as not to render the clause meaningless. A well-drafted waiver clause will be mutual, will define which damages are consequential versus direct, and will not contain exceptions. Read the court decision
    Read the full story...
    Reprinted courtesy of Tara Lynch - Gordon & Rees Scully Mansukhani
    Ms. Lynch may be contacted at tlynch@grsm.com

    Public Law Center Honors Snell & Wilmer Partner Sean M. Sherlock As Volunteers For Justice Attorney Of The Year

    June 10, 2019 —
    Snell & Wilmer is pleased to announce the Public Law Center (PLC) has named Orange County partner Sean M. Sherlock as the 2019 Volunteers for Justice Attorney of the Year. Sherlock donates his time and knowledge to his community through his pro bono work with PLC. From 2015 to earlier this year he headed a team of attorneys who represented an elderly PLC client in danger of losing her mobile home. The client is the primary caregiver for her disabled grandson who survives solely on a fixed income of disability and Social Security, causing her to fall behind on her space rent for her mobile home. In addition to pro bono work, Sherlock is an avid community volunteer, spending his time supporting organizations that have included Big Brothers/Big Sisters, Orange County Coastkeeper, AYSO and the Boy Scouts of America. “One of the most rewarding aspects of being an attorney is being able to obtain justice for the vulnerable and defenseless in our society who would otherwise be unable to navigate our legal system,” said Sherlock. “My relationship with the PLC has given me many opportunities to do some very gratifying work, and it is a real pleasure working with and learning from the excellent staff attorneys at PLC.” Read the court decision
    Read the full story...
    Reprinted courtesy of Sean M. Sherlock, Snell & Wilmer
    Mr. Sherlock may be contacted at ssherlock@swlaw.com

    Baltimore Project Pushes To Meet Federal Deadline

    July 22, 2019 —
    Two giant anaerobic digesters shaped like Faberge eggs have for years served as landmarks for commuters traveling on Interstate-695 east of downtown Baltimore. And cranes, recently removed, signaled the location of one of the latest projects in a years-long, $1.6-billion construction program to upgrade the 100-year-old Back River Wastewater Treatment Plant. “You probably won’t see a collection of this many ‘sticks’ anywhere else in the city,” Shane Lippert noted back in October. Read the court decision
    Read the full story...
    Reprinted courtesy of Justin Rice, ENR
    Mr. Rice may be contacted at ricej@enr.com